Who am I?

1.1. The sole proprietorship AB Psychotherapy & Coaching is located at Kerkstraat 18, 2411 AD Bodegraven, and is registered with the Chamber of Commerce under number 27324625and registered with AGB codes: 90-044411 and 90-53117.

1.2. In addition to AB Psychotherapy & Coaching, also uses the trade name Annemarie Braun – Zorg voor Body & Mind.

1.3. AB Psychotherapy & Coaching is registered with the Register of Practitioners in Complementary Care (RBCZ) and is a member of the Association for the Advancement of Alternative Medicine (VBAG).

1.4. For the complaints committee, AB Psychotherapy & Coaching is affiliated with Quasir. For the disputes committee, it is affiliated with Zorggeschil.

Definitions

2.1. The contractor is ‘AB Psychotherapy & Coaching,’ referred to as ‘I,’ ‘me,’ and ‘my.’

2.2. With ‘you’ and ‘your,’ I mean the client as a consumer who has entered into an agreement with AB Psychotherapy & Coaching. In the case of a child under 16, the legal representative is the client if the minor has not yet reached the age of 16. The provisions relating to treatment, such as ‘expectations’ and ‘hindrance,’ also apply to the minor, even if they are not the client.

2.3. With ‘we,’ ‘us,’ and ‘parties,’ I mean the client and the contractor together.

2.4. The services provided by me include, among others: a. Individual therapy; b. Relationship therapy.

2.5. ‘Written’ also includes by email and text (WhatApp/SMS)

2.6. The ‘legal representative’ is the person with parental authority. If there is more than one legal representative, both must give consent to the treatment of the minor under 16.

2.7. Individual therapy falls under the Medical Treatment Agreement Act (WGBO) and may (partially) be reimbursed under (the supplementary insurance of) the Health Insurance Act (Zvw). Relationship therapy is not covered by this.

2.8. All my services fall under the Quality, Complaints, and Disputes Act for Healthcare (Wkkgz).

Applicability

3.1. These general terms and conditions apply to all my offers, quotations, and agreements, unless we have made other written agreements.

3.2. These general terms and conditions also apply to a non-binding introductory meeting.

3.3. I may amend these terms and conditions at any time. I will inform you in advance and clearly specify the changes. If the change is disadvantageous to you and you do not agree with it, you can terminate the agreement between us in writing within two weeks after I have informed you.

3.4. If a provision in these general terms and conditions or the accompanying treatment agreement is void or annulled, the other provisions remain fully applicable. In that case, what comes closest to the conflicting provision in a legally permissible manner will apply, taking into account, as far as possible, the purpose and scope of the original provision.

3.5. Even if I do not insist on strict compliance with these terms and conditions at all times, it does not mean that the provisions are not applicable, or that I lose the right to demand compliance with the provisions of these terms and conditions.

3.6. If there is any ambiguity in the interpretation of a provision in these general terms and conditions, or if a situation arises between us that is not covered by these general terms and conditions, we will make written agreements in good consultation.

Formation of Agreement

4.1. The agreement between us is concluded when you fill in your personal details and agree to the treatment agreement and general terms and conditions from the online environment of Mijn Diad. You can always view these documents via Mijn Diad.

Individual therapy for a child under 16 a. An agreement for individual therapy for a child under 16 only becomes final after I have received permission for the treatment from all legal representatives and from the child, if the child is 12 years or older. It is the responsibility of the legal representative who registers the child to arrange this.

Relationship therapy b. In the case of relationship therapy, I enter into separate agreements with both partners. An agreement for relationship therapy only becomes final when both partners have agreed to the agreement and the general terms and conditions in my online environment.

4.2. You can download a copy of the agreement in the online environment.

4.3. I am not bound by an acceptance that deviates from the offer.

4.4. I am also bound by the offer if you could reasonably have known that the offer or part thereof contained an obvious mistake or typographical error.

4.5. I may refuse an assignment if I believe that, given my competencies and experience, I am not adequately able to guide you. Where possible, I will refer you.

Cancellation

5.1. As a consumer, you have a cooling-off period of 14 days after you have concluded an agreement with me online. Within this period, you can cancel the agreement without giving any reason.

5.2. The cooling-off period starts on the day following the conclusion of the agreement. If you cancel the agreement, you must notify me in writing within the 14-day cooling-off period.

5.3. The risk and burden of proof for correctly and timely canceling the agreement lies with you.

5.4. If we have already had a session between the conclusion of the agreement and your cancellation, I am entitled to compensation equal to the agreed rate.

Duration of the Agreement

6.1. The duration of the agreement is indefinite unless we have made other agreements.

6.2. The agreement can be terminated in the following ways or due to the following circumstances:

• a. We jointly decide not to schedule a new session;
• b. You orally or in writing indicate that you do not want to schedule a new session anymore;
• c. You repeatedly do not comply with the conditions agreed upon between us in the agreement, general terms and conditions, and agreements made during the sessions;
• d. If I believe that, given my competencies and experience, I am not adequately able to guide you;
• e. If no new session has been scheduled more than three months after the last session unless expressly agreed otherwise between us; Individual therapy for a child under 16 years
• f. I can terminate the agreement if one of the legal representatives does not give consent or withdraws given consent. Relationship therapy
• g. If one of the partners indicates that they no longer wish to continue with relationship therapy.

6.3. If necessary, I will refer you and/or ensure a smooth transition.

Rates

7.1. I use different hourly rates for my services. The agreed hourly rate is stated in the agreement. Individual therapy is exempt from VAT.

7.2. A session lasts a minimum of 1 hour and a maximum of 1.5 hours. Time is billed in 15-minute increments.

7.3. I may annually adjust my rates based on price indexing and also when the agreements made with the health insurers or national policies allow for a rate increase. I may also pass on any price increases if my costs have increased between the conclusion of the agreement and the provision of the service.

Payment and Invoicing

8.1. You will receive an invoice per session to be paid by PIN or via a payment request immediately after the session.

8.2. You are responsible for verifying with your health insurer whether they reimburse the costs (in part) under the (supplementary) health insurance. In that case, you also pay me directly. You can then submit a claim to your health insurer using the invoice.

8.3. If you do not pay or do not pay on time, I will first send a reminder. If payment is still not received, I will hand over the claim. You will then be charged statutory commercial interest on the outstanding amount from the due date until you have paid everything. You will also be responsible for the judicial and extrajudicial (collection) costs I have to incur in accordance with the statutory regulations.

8.4. In that case, I have the right to suspend or terminate the agreement and still have the right to the unpaid amounts due under the agreement.

Expectations

9.1. I will perform my services carefully and to the best of my knowledge and ability. However, the result largely depends on your efforts. Therefore, I do not provide a guarantee for achieving a specific result. I comply with the obligations under the Wkkgz in my service provision.

9.2. You make your own decisions and have your own responsibility during and after the guidance and for following the advice given.

9.3. You are motivated and actively work to achieve the goals you have set and maintain an open and respectful attitude. Any complaints should be discussed with me first.

9.4. You inform me in a timely manner about relevant information, including changes, that may be important for my service provision to you.

9.5. You respect my copyright. The material provided by me to you, including audio, video, and documentation, may only be used by you. You may not reproduce, disclose, or share this material with third parties without my written consent. You may make a copy for your own use.

9.6. You do not apply interventions to others under any circumstances. Exercises taught to you may only be used by you and may not be taught or transferred to third parties under any circumstances.

Prohibited

9.7. It is not allowed to be under the influence of alcoholic beverages or mind-altering substances during the sessions. Excepted are substances prescribed by your doctor. Furthermore, smoking during the sessions is prohibited. Abuse, (verbal) aggression, and the like are not allowed.

9.8. In these cases, (the remaining part of) the session is canceled. The full agreed-upon session will be charged. The costs of damage to my property will be fully recovered from you. I will report any form of abuse to the police.

Individual therapy for a child under 16 years

9.9. The legal representatives cooperate and show respect, both towards me and towards each other. The child’s best interests always come first.

9.10. The legal representatives will actively inform each other and both give permission for the treatment and the sharing of information by me with the other legal representative. I do not make separate agreements with the legal representatives unless I consider it desirable in the child’s interest. Rescheduling a joint appointment can only be done if both legal representatives agree. They should also take each other’s interests and the child’s best interests into account.

9.11. I comply with the Domestic Violence and Child Abuse Reporting Code. Meeting my obligations in this regard can never lead to any liability for me.

Relationship Therapy

9.12. Partners cooperate and show respect, both towards me and towards each other. They take each other’s interests into account during relationship therapy.

Confidentiality

10.1. I am obliged to maintain the confidentiality of all confidential information that we have obtained from each other or from other sources in the context of our agreement. I will only share your data with your permission with third parties, including doctors and other therapists. I can share your data with another party directly involved in the treatment and my replacement.

10.2. I keep a record with notes of the sessions held and other relevant documents. The record can be viewed by you upon request.

10.3. If, on the basis of a legal provision or a judicial decision, I am obliged to provide confidential information to third parties designated by law or the competent court, and I cannot rely on a legally recognized or allowed right of privilege, I am not obliged to pay compensation or compensation, and you are not entitled to terminate the agreement.

Hindrance

11.1. You can cancel an appointment free of charge up to 24 hours in advance. If you have an appointment on a Monday, you can cancel it until Friday 6:00 PM at the latest.

11.2. If you do not cancel in time, I will charge the costs for the missed session, regardless of the reason for cancellation. This also applies if you do not come on the agreed day and time for any reason.

11.3. If you arrive later than the agreed start time, the session will be charged from the agreed time.

11.4. If I am unable to provide the session due to illness or other reasons, I can cancel the appointment. I will, of course, not charge any costs in that case.

11.5. If I am unable to perform the sessions myself for more than six weeks, I can propose to involve a colleague who will take over the treatment. If you do not agree, you can inform me of this in writing. The agreement will then end on the date of that letter. Only the sessions given up to that date will be charged.

Force Majeure

12.1. Force majeure relieves me of the obligation to fulfill the agreed agreement, without any right to compensation of costs, damages, and interest arising for you. Force majeure means a situation in which it is reasonably impossible for me or where I am hindered from providing the services as agreed, and for which I cannot be blamed and which is also not otherwise at my expense. Examples of force majeure are illness, epidemic/pandemic, war or similar situations, power failure, flooding, earthquake, and fire.

12.2. In case of force majeure, I will inform you as soon as possible. If possible, we will try to find an appropriate solution.

12.3. In the event of prolonged or permanent force majeure, we can terminate the agreement in writing. You remain obliged to pay for the sessions provided.

Liability

13.1. The provisions in this agreement are not intended to limit or exclude my liability as a healthcare provider towards you.

13.2. I will guide you to the best of my abilities, but you remain responsible for the decisions you make. I cannot be held liable for consequential damage resulting from this.

13.3. I am not liable for damage caused to your property by parking on or entering the premises and practice at Kerkstraat 18, 2411 AD Bodegraven.

Complaints

14.1. In case of complaints about the service or the invoice, you contact me in writing as soon as possible. You provide your complaint with the clearest possible description so that I can respond substantively and, if the complaint is justified, rectify it.

14.2. You have the right to file a complaint with the complaints committee of Quasir. You can also go to the dispute committee at Zorggeschil.

14.3. A complaint does not suspend your payment obligation.

Concluding Provisions

15.1. Upon termination of the agreement, provisions that by their nature are intended to continue will remain in effect, including but not limited to provisions regarding copyright, confidentiality, and liability.

15.2. For all legal relationships between us to which these general terms and conditions apply, Dutch law applies.

15.3. We will only go to court after we have made every effort to resolve a dispute through mutual consultation.

15.4. The Dutch court has exclusive jurisdiction to hear disputes, unless mandatory legal provisions prescribe otherwise.